IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BENCH
Vishal Mishra, J.
Vishnu Kumar and Ors. – Appellants
Versus
The State of M.P. and Ors. – Respondents
M.P. No. 2055 of 2020
Decided On : 21-01-2021
Fraud - Revenue Record - Article 227 of the Constitution of India - Civil Suit No. 16,@2014 b-nh and Civil Appeal No. 20/2014 ,-v-nh- - Case No. 75@v&19 - Case No. 17/96-97/Appeal - Case No. 134/1999/2000 - Case No. 48@96&97@v&19 - M/s. Kranti Associates Pvt. Ltd. And another vs. Masood Ahmed Khan and others (2010) 9 SCC 496
Fact of the Case:
The petitioners challenged the order directing the change of their entries in the revenue record to be recorded in the name of the State Govt. The petitioners claimed ownership based on judgments and decrees in their favor from civil courts.
Finding of the Court:
The court found that the revenue authorities overlooked the judgments and decrees passed by the civil courts in favor of the petitioners and failed to provide a valid order of settlement in their favor. The court emphasized the importance of recording reasons in decisions and held that the orders passed by the revenue authorities lacked discussion on the civil courts' orders.
Issues: The issues revolved around the ownership of the properties in question, the validity of the entries in the revenue record, and the authority of the revenue courts to bypass the findings of the civil courts.
Ratio Decidendi: The court emphasized that the revenue authorities are bound by the orders of the civil courts and should have considered the judgments and decrees passed by the civil courts prior to passing their orders. The court also highlighted the importance of recording reasons in decisions, especially for quasi-judicial authorities.
Final Decision: The petition was allowed, and the orders passed by the revenue authorities were set aside. The matter was relegated back to the learned Tahsildar to reconsider the entire matter, taking note of the judgments and decrees passed by the civil courts, and to pass a self-contained speaking order within three months.
JUDGMENT :
Vishal Mishra, J.
1. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been heard and decided through video conferencing to maintain social distancing.
2. With the consent of the parties, the matter is finally heard through Video Conferencing.
3. This present miscellaneous petition under Article 227 of the Constitution of India is being challenging the order dated 26.06.2020 passed by the Additional Commissioner, Chambal Division, Morena, order dated 24.09.2016 passed by the S.D.O. (Revenue), Gohad and order dated 13.04.2016 passed by the Tahsildar, Gohad, whereby revision and appeal filed by the petitioners has been dismissed and the petitioners' entries made in the revenue record is directed to be changed in the name of the State Govt. and is directed to be recorded.
4. It is alleged that with respect to the properties in question, earlier the civil suit was filed by the petitioners against the respondent/State which was registered as Civil Suit No. which was decided vide judgment and decree dated 20.06.2014 in favour of the petitioners partly decreed. Thereafter, an appeal was preferred which was registered as Civil Appeal No. which was finally decided on 22.09.2014 and the findings arrived by the trial Court and the judgment and decree which was partly allowed in favour of petitioners has been completely allowed by the Appellate Court setting aside the finding which was not given in favour of the petitioners by the learned trial court. It is alleged that complaint was made against the petitioners by the respondent herein with respect to the fact that without any proper settlement of the land in question in favour of petitioners by playing fraud they have got their names entered into the revenue record and have shown owner of the property in question. The application was entertained by learned Tahsildar and notices were issued to the petitioners. The petitioners marked his presence before the Tahsildar and has brought to his notice by the judgment and decree passed by the trial court as well as appellate Court dated 20.06.2014 in Civil Suit No. 16,@2014 b-nh and 22.09.2014 Civil Appeal No.20/2014 ,-v-nh- wherein the petitioners have been declared as Bhumiswami and title holder of possession of the property in question. The learned Tahsildar has overlooked both the judgments and decrees passed by the civil Courts and on his own motion has passed the order dated 13.04.2016 holding that the petitioners could not show any valid order of settlement in their favour, in such circumstances, the order dated 03.01.2004 in Case No. The aforesaid order does not find place in the revenue record. It is argued that by playing fraud the names have been mutated in the revenue record. It is submitted that the learned Tahsildar has not disputed the judgment and decree passed by the civil Courts in favour of the petitioners. Despite of the same overlooking the findings given by the learned civil courts with respect to ownership of the properties of the petitioners, the order has been passed and directions have been issued to change the entries in the revenue record. The order passed by the Tahsildar dated 13.04.2016 was put to challenge by the petitioners by filing an appeal before the S.D.O. (Revenue) and the order passed by the learned S.D.O. (Revenue). He has also not disputed the fact with respect to judgment and decree passed by both the civil Courts but despite of the same has affirmed the order passed by the Tahsildar without there-being any discussion on the aspect that whether the land which was part of the civil suit wherein the State Govt. was also party is the same land for which the complaint has been made. There is no discussion with respect to the fact that whether any fraud was played by the petitioners before learned trial Courts and whether the orders and judgment and decree passed
Ambika Prasad Bakshi and another Vs. Onkar Prasad Saini and others
The revenue authorities are bound by the orders of the civil courts, and quasi-judicial authorities must provide cogent, clear, and succinct reasons in their decisions.
Point of Law : This is not a fit case where any of the exceptions stands attracted requiring interference in exercise of powers under Article 226 of the Constitution of India.
The scope of judicial review is confined to decision making process and not the decision per se.
The court reaffirmed that unauthorized changes in land records without due process violate principles of natural justice and cannot substantiate claims of ownership less than legal title.
The main legal point established in the judgment is that mutation on the basis of a Will is not maintainable and falls within the domain of the civil court. Revenue authorities have a duty to ensure ....
Jurisdiction of revenue authorities is limited to statutory procedures; unauthorized actions based on invalid orders do not confer legal rights over property.
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